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Deal Or No Deal Competition
Terms and Conditions

"BigPond® Games - Gameloft Deal or No Deal" Promotion

  1. Information on how to enter and prize details form part of these conditions. Entry into this Promotion is deemed acceptance of these terms and conditions of entry.
  2. The promoter is Telstra Corporation Limited ABN 33 051 775 556 of 151 Clarence Street, Sydney, NSW 2000 ("Promoter").
  3. The Promotion will be open from 9.00am Australian Eastern Daylight-savings Time ("AEDT") on 1 February 2008 and will continue until 5.00pm AEDT on 2 March 2008 ("Promotion Period").
  4. Entry is open to all Australian residents aged 18 years and over, who are Telstra pre-paid or post-paid mobile customers with a mobile phone handset capable of supporting the Deal or No Deal Mobile Game or any of the Eligible Gameloft Mobile Games (listed in clause 27), other than management, employees or contractors of the Promoter and other agencies, firms or companies associated with the Promotion (including suppliers of prizes), and their immediate families ("Eligible Entrants").
  5. To enter and be eligible to win, Eligible Entrants must complete any one of the options listed below during the Promotion Period.

    6. Option One

    1. Go to the BigPond® Games website at www.bigpondgames.com ("Website");
    2. click on the "Deal or No Deal" banner to go to the Deal or No Deal promotion webpage ("Promotion Webpage");
    3. on the Promotion Webpage, complete the required personal details in the entry fields (including the number of their Telstra mobile phone they will use under sub-clause (e) below) and answer the following question "Why would you choose to take the mystery prize instead of the $5,000 cash?"("Entry Question");
    4. on the Promotion Webpage, select to buy from the Promoter the Deal or No Deal Mobile Game or one of the Eligible Gameloft Mobile Games (listed in clause 27); and
    5. when prompted, using their Telstra mobile phone, SMS the supplied game code to 176, to receive a link to download the game.

    Option Two

    1. Read the "Deal or No Deal" advertisement in TV Week magazine; ("Advertisement");
    2. using their Telstra mobile phone, SMS to 176 3733 the game code supplied in the Advertisement to purchase from the Promoter the Deal or No Deal Mobile Game or one of the Eligible Gameloft Mobile Games (listed in clause 27) to receive a link to download the game; and
    3. access the BigPond® Games WAP site ("WAP Site") via their Telstra mobile phone service, click on the "Deal or No Deal" banner and complete in the entry fields the required personal details (including the number of their Telstra mobile phone the used under sub-clause (b) above) and their answer to the Entry Question.

    Option Three

    1. access the WAP Site via their Telstra mobile phone service;
    2. on the WAP Site, click on the "Deal or No Deal" banner and complete in the entry fields the required personal details (including the number of their Telstra mobile phone the used under sub-clause (b) above) and their answer to the Entry Question; and
    3. on the WAP Site, purchase the Deal or No Deal Mobile Game or one of the Eligible Gameloft Mobile Games (listed in clause 27) from the Promoter;

    (each Option constitutes an "Eligible Purchase").

  6. Eligible Entrants may enter the Promotion as many times as they make an Eligible Purchase, provided that in each case they supply a substantially different answer to the Entry Question and the entry is otherwise in accordance with term 5 ("Eligible Entry").
  7. All Eligible Entries will be assessed in the judging process. The entrant will be deemed the account holder of the mobile phone used to make the Eligible Purchase.
  8. Eligible Entrants who are in breach of the BigPond® Games terms and conditions before the Draw Date will be ineligible to win a prize. These terms and conditions are available at http://www.telstra.com.au/customerterms/docs/infoservices.pdf.
  9. Eligible Entrants consent to receiving messages (including SMS messages) from the Promoter in conjunction with this Promotion.
  10. Judging of all Eligible Entries received during the Promotion Period will take place on 3 March 2008 ("Judging Date") at Level 4, The Innovation Building, 1010 Latrobe Street, Docklands, VIC 3008. The judging will be conducted by representatives of the Promoter. This is a game of skill only and chance plays no part in determining the winner.
  11. The Eligible Entrant with the Eligible Entry containing the most creative answer to the Entry Question, as determined by the judges, will win from the Promoter their choice of:
    1. $5,000.00 AUD ("Money Prize"); OR
    2. a mystery prize.
  12. The Eligible Entrants with the Eligible Entries containing the second and third most creative answers to the Entry Question, as determined by the judges, will each win from the Promoter a LG TU550 mobile phone handset, valued at $529.00 and a Deal or No Deal Interactive DVD Board Game, valued at $40.00.
  13. The prize winners will be notified by telephone on 3 March 2008. The winners' names will be published on the Website and the WAP site on 4 March 2008.
  14. Prizes are not transferable or exchangeable (including the mystery prize which, if selected, may not be swapped for the alternative prize once revealed), and with the exception of the Money Prize are not redeemable for cash. All other costs associated with the prizes are the responsibility of the winners. If selected, the Money Prize will be awarded in the form of a cheque. Conditions may attach to the mystery prize and, if selected, the winner will be informed of those conditions after selection.
  15. Standard mobile charges apply for the SMS to 176 (referred to in Option One), but will not be more than $0.55. The SMS to 176 3733 (referred to in Option Two), will be free of charge. Standard browsing charges apply, where applicable, in accessing the WAP Site.
  16. If a winner chooses not to take a prize, they forfeit the prize and the Promoter is not obliged to substitute the prize or any component.
  17. If the Promoter is unable to provide a winner with the nominated prize, the Promoter reserves the right to supply an alternative prize of similar monetary value, subject to any written directions given by State gaming departments.
  18. Prizes will be sent to the prize winners via post. The Promoter shall not be liable for any prize that may be lost, stolen, forged, damaged or tampered with in any way before it reaches the winner.
  19. Any prizes which have not been claimed by 3 June 2008 will be distributed at the Promoter's absolute discretion.
  20. The judges' decisions are final and binding and no correspondence will be entered into. Incomplete, illegible and incorrect entries or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
  21. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. No responsibility will be taken for lost, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
  22. Any Eligible Entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win.
  23. The Promoter reserves the right to disqualify entries in the event of non-compliance with these terms and conditions of entry and the Promoter's decision in relation to any aspect of the Promotion is final and binding on each person who enters. No correspondence will be entered into.
  24. By entering the Promotion, the Eligible Entrant understands and agrees that the Promoter may use and disclose the information provided by the Eligible Entrant for the purposes of conducting the prize draws and otherwise on the terms and for the purposes (including marketing) set out in the Promoter's Privacy Statement available at www.telstra.com.au/privacy/privacy_statement.html or by calling 1800 039 059, as if they were a customer of the Promoter. The Eligible Entrant agrees that the Promoter can continue to contact them even after this Promotion ends. If the Eligible Entrant would like to access or correct the personal information that the Promoter holds about the Eligible Entrant, or if the Eligible Entrant does not wish the information to be disclosed, the Eligible Entrant should advise the Promoter by phoning 1800 039 059.
  25. By entering into the Promotion, the Eligible Entrant agrees and acknowledges that:
    1. they may be contacted by the Promoter to provide comments about the competition and the Promoter (or an agent of the Promoter) may take photos of the winner;
    2. the Promoter may use such comments and photos (the "Materials") for the Promoter's future promotional and marketing purposes without further reference or compensation to them;
    3. the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at any time, anywhere, and by any means. The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
    4. by entering the Promotion, they grant to the Promoter on creation of the Materials a royalty free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose;
    5. they unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given ("Moral Rights");
    6. they waive all Moral Rights in the Materials that arise outside Australia; and
    7. they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
  26. To the extent permitted by law, the Promoter shall not be liable for any loss or damage whatsoever (including, but not limited to, direct or consequential loss) or personal injury suffered or sustained in connection with this Promotion.
  27. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the prize.
  28. The Eligible Gameloft Mobile Games for this Promotion are:
    1. Deal or No Deal
    2. American Gangster: The Mobile Game
    3. Bubble Bash
    4. MidnightBowling
    5. Block Breaker Deluxe
    6. Prince of Persia Classic
    7. Kobe Bryant Pro Basketball 2008
    8. Platinum Sudoku
    9. Guitar Rock Tour
    10. Midnight Pool
    11. Asphalt 3 Street Rules
    12. Air Strike 1944
    13. Midnight Holdem Poker
    14. Platinum Solitaire
    15. Kevin Pietersen Pro Cricket 2007
    16. Million Dollar Poker
    17. Petz
    18. Prince Of Persia The Two Thrones
    19. Assassin's Creed
    20. Midnight Casino
    21. Asphalt Urban GT 2
    22. CSI Miami
    23. Chessmaster
    24. Gangstar Crime City
    25. 2008 Real Football
    26. Brain Challenge
    27. Americas Army
    28. Brain Challenge Vol. 2
    29. Tennis Open 2007
    30. Shrek The Third
    31. Die Hard 4
    32. Miami Nights
    33. New York Nights
    34. Pro Golf 2007
    35. AND1 Street Basketball
    36. Horse Riding Academy
    37. Beowulf
    38. Driver
    39. Brothers In Arms Earned In Blood
    40. Dogz
    41. Catz
    42. Off-Road Dirt Motocross
 
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